Issue - meetings

To consider the application for the diversion of Public Footpath No. 2 (part) in the parish of Lea.

The Committee received a report which detailed an application from Halletec Environmental, 52 Cheshire Street, Market Drayton, Shropshire on behalf of their client Anthony Construction Ltd (the applicant), requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 2 in the parish of Lea.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make an Order if it appeared to the Council to be expedient to do so in the interests of the public or of the owner, lessee or occupier of the land crossed by the path.

The applicant owned the land over which the current path and the proposed alternative route ran.  The section of Public Footpath No. 2 Lea to be diverted had for some years been partially obstructed by the quarrying operations at Hough Mill Quarry.  It also passed the derelict buildings of Lea Forge Farm which were unsightly and posed a potential hazard to the public.  The applicant had applied for planning permission to extend the period allowed to restore the site which provided an opportunity to resolve these problems and to achieve a diversion which fitted in with the proposed restoration process for the site.  On completion of the restoration process, the site would revert partly to agriculture and partly to habitat creation in accordance with the section 106 agreement.

The proposed new route would follow a semi-surfaced track for the majority of its length and would have a minimum recorded width of 2m throughout.  It would be barrier-free save for one pedestrian gate beside the field gate at point C on the Plan No. HA/020, whereas the current route had a stile at point A and south of point C.   The existing route also had a very steep bank which posed a problem for people with mobility difficulties and the proposed new route avoided this feature and was generally more accessible in terms of gradient and terrain.

The Committee noted that there were no objections to the proposal and considered that the proposed route would be as enjoyable as the existing route.  The new route was not substantially less convenient than the existing route and diverting the footpath would be of benefit to the landowner, in terms of current and future land use, and of the public, in terms of accessibility.  It was therefore considered that the proposed route would be as satisfactory as the current route and that the legal tests for the making and confirming of a diversion order were satisfied.

RESOLVED:

1                    An Order be made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, to divert part of Public Footpath No. 2, as illustrated on Plan No. HA/020, on the grounds that it is expedient in the interests of the owner of the land crossed by the path and of the public.

2                    Public Notice of the making of the Order  ...  view the full minutes text for item 19